Hiring a Criminal Defense Lawyer in Nebraska
How criminal defense lawyers in Nebraska charge, your right to a court-appointed lawyer, how bail works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Nebraska: fee rules
| Rules on contingency fees | Under Neb. Ct. R. of Prof. Cond. § 3-501.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. § 3-501.5(d) prohibits fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. § 3-501.5(b) says the basis or rate of fees should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Nebraska State Bar Association's Legal Fee Arbitration Program offers voluntary arbitration of disputes over fees charged by attorneys (and also between attorneys and physicians, stenographers, consultants and expert witnesses). The rules, petition, respondent's answer form and a fee brochure are on the page; questions go to the program contact at 1-800-927-0117. |
| If a lawyer takes your money | The Nebraska State Bar Association's Client Assistance Fund, established in January 1974 under the Nebraska Supreme Court's authority, helps claimants recover losses caused by dishonest conduct of lawyers while practicing law in Nebraska. Complete the claim form, attach copies of supporting documents, have it notarized, and send it to NSBA/Client Assistance Fund, 635 South 14th Street, Suite 200, Lincoln, NE 68508, keeping a copy. |
Nebraska rules to know first
| Getting a court-appointed lawyer | 'Indigent means the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family' (§ 29-3901(4)). Before a felony defendant's initial court appearance the public defender makes the indigency determination; after that, the court does. At the first appearance the judge advises the defendant of the right to court-appointed counsel if indigent; if the defendant asserts indigency, the court makes a reasonable inquiry into the defendant's financial condition and requires an affidavit of indigency, and if indigency is found it appoints the public defender or county conflict counsel (§ 29-3903). Definitions: https://nebraskalegislature.gov/laws/statutes.php?statute=29-3901 |
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| Bail and release before trial | 'Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance' unless the judge determines that release would not reasonably assure appearance or would jeopardize safety or the evidence (§ 29-901(1)). Defendants charged with certain Class IIIA, IV or V misdemeanors or ordinance violations must generally be released on recognizance or non-bond conditions, with listed exceptions (§ 29-901(2)). If recognizance is denied, the judge must consider the defendant's ability to pay and impose 'the least onerous' conditions that will reasonably assure appearance — supervised custody, travel or residence restrictions, or a bond; an appearance bond may be posted by a cash deposit with the clerk of a sum not to exceed ten percent of the bond amount (90% is returned after the case; minimum deposit $25) (§ 29-901(3)). Eligibility for release or supervision 'shall under no circumstances be conditioned upon the defendant's ability to pay,' and supervision fees must be waived for those unable to pay (§ 29-901(6)). Source: Neb. Rev. Stat. § 29-901 |
| Felony classes and sentences | Felony classes and penalties under § 28-105(1): Class I — death; Class IA — life imprisonment; Class IB — maximum life imprisonment, minimum 20 years; Class IC — maximum 50 years, mandatory minimum 5 years; Class ID — maximum 50 years, mandatory minimum 3 years; Class II — maximum 50 years, minimum 1 year; Class IIA — maximum 20 years, no minimum; Class III — maximum 4 years imprisonment and 2 years post-release supervision or a $25,000 fine, or both; Class IIIA — maximum 3 years imprisonment and 18 months post-release supervision or a $10,000 fine, or both; Class IV — maximum 2 years imprisonment and 12 months post-release supervision or a $10,000 fine, or both. The table lists no fine for Classes I through IIA. Source: Neb. Rev. Stat. § 28-105 |
Find and check a lawyer
| Lawyer referral service | The Nebraska State Bar Association's Find-A-Lawyer website lets the public look for a lawyer. Attorneys listed there charge $50 or less for the first 30 minutes of consultation, according to the site. The site says it is not a directory of NSBA members; for a full list of licensed Nebraska attorneys it points to the Nebraska Supreme Court Attorney Services Division website. |
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| Check that the lawyer is licensed | The Nebraska Supreme Court regulates attorney licensing, and the Nebraska Judicial Branch provides a public attorney search for checking a lawyer's record; the Counsel for Discipline's grievance page points the public to it. |
| Check discipline history or file a complaint | The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Rules of Professional Conduct. File a grievance with the court's grievance form or a letter fully explaining the problem, with copies (not originals) of supporting documents, by email (nsc.cfdcomplaints@nejudicial.gov), fax (402-471-1014) or mail (Counsel for Discipline, 5001 Central Park Dr., Ste. 300, Lincoln, NE 68504-3461); phone 402-471-1040. Grievances that would not describe improper conduct even if true are rejected; otherwise the lawyer is usually asked for a written response, staff investigate, and the grievance is dismissed or charges are filed with a Committee on Inquiry. Grievances and investigations are confidential. The office cannot give legal advice, change court orders or recover money for you; it can only seek discipline. |
Free legal help
| Free legal aid | Legal Aid of Nebraska provides information, referrals, advice, self-help services and representation to qualifying low-income people with civil legal issues, with seven offices serving all 93 counties. There are no walk-ins: call the Statewide AccessLine at 1-877-250-2016 (Monday/Wednesday 8:30-11:30 am, Tuesday/Thursday 1:00-3:00 pm, Central Time) or apply online. Seniors 60+ can use the ElderAccessLine at 1-800-527-7249. The Legal Services Corporation (LSC) lists Legal Aid of Nebraska as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nebraska · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.